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Bill C-282

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Second Session, Forty-third Parliament,
69-70 Elizabeth II, 2020-2021
HOUSE OF COMMONS OF CANADA
BILL C-282
An Act to establish the Foreign Influence Registry
FIRST READING, April 13, 2021
Mr. Chiu
432104


SUMMARY

This enactment enacts the Foreign Influence Registry Act, which imposes an obligation on individuals acting on behalf of a foreign principal to file a return when they undertake specific actions with respect to public office holders.
It also provides for the establishment of a public registry in which all returns must be kept.
Available on the House of Commons website at the following address:
www.ourcommons.ca


2nd Session, 43rd Parliament,
69-70 Elizabeth II, 2020-2021
HOUSE OF COMMONS OF CANADA
BILL C-282
An Act to establish the Foreign Influence Registry
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title
1This Act may be cited as the Foreign Influence Registry Act.

Interpretation

Definitions
2The following definitions apply in this Act.
foreign government means a government of a country set out in the schedule. (gouvernement étranger)
foreign political organization means a political organization from a country set out in the schedule. (organisation politique étrangère)
foreign principal means a foreign government, an individual or entity related to a foreign government, a foreign political organization that exists primarily to pursue political objectives or an individual or entity related to such an organization. (commettant étranger)
Minister means the member of the Queen’s Privy Council for Canada designated under section 4. (ministre)
public office holder means any officer or employee of Her Majesty in right of Canada and includes
(a)a member of the Senate or the House of Commons and any person on the staff of such a member;
(b)a person who, in a department within the meaning of paragraph (a), (a.‍1) or (d) of the definition department in section 2 of the Financial Administration Act,
(i)occupies the senior executive position, whether by the title of deputy minister, chief executive officer or by some other title, or
(ii)is an associate deputy minister or an assistant deputy minister or occupies a position of comparable rank;
(c)a person who is appointed to any office or body by or with the approval of the Governor in Council or a minister of the Crown, other than a judge receiving a salary under the Judges Act or the lieutenant governor of a province; and
(d)an officer, director or employee of any federal board, commission or other tribunal as defined in the Federal Courts Act. (titulaire d’une charge publique)
Related individual
3(1)For the purposes of the definition foreign principal, an individual is related to a foreign government or to a foreign political organization that pursues political objectives if
(a)the individual is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the foreign government or foreign political organization; or
(b)the foreign government or foreign political organization is in a position to exercise, in any other way, total or substantial control over the individual.
Related entity
(2)For the purposes of the definition foreign principal, an entity is related to a foreign government or to a foreign political organization that pursues political objectives if
(a)in the case of a corporation,
(i)the foreign government or foreign political organization holds the majority of the issued share capital of the corporation,
(ii)the foreign government or foreign political organization holds the majority of the voting shares of the corporation,
(iii)the foreign government or foreign political organization is in a position to appoint the majority of the corporation’s board of directors,
(iv)the directors of the corporation are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the foreign government or foreign political organization, or
(v)the foreign government or foreign political organization is in a position to exercise, in any other way, total or substantial control over the corporation;
(b)in any other case,
(i)the members of the executive committee of the entity are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the foreign government or foreign political organization, or
(ii)the foreign government or foreign political organization is in a position to exercise, in any other way, total or substantial control over the entity.

Designation

Order in council
4The Governor in Council may, by order, designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act.

Foreign Influence Registry

Establishment of registry
5(1)The Minister must establish and maintain a registry in which the following returns filed under this Act must be kept:
(a)returns that are publicly available;
(b)returns that the Minister determines would be disclosed to the public in accordance with the Access to Information Act if a request were made in respect of the return under that Act, including any return or part of a return that would be disclosed in the public interest under subsection 20(6) of that Act.
Access
(2)The Minister must make the registry accessible to the public through the Internet and by any other means the Minister considers appropriate.
Protection from civil proceeding or prosecution
(3)Despite any other Act of Parliament, no civil or criminal proceedings lie against the Minister or any person acting on behalf of, or under the direction of, the Minister and no proceedings lie against the Crown, for the disclosure in good faith of any return or any part of a return under this Act or for any consequences that flow from that disclosure.
Requirement to file return
6(1)An individual, except a diplomatic or consular officer or any other official representative in Canada of a foreign government, must file a return with the Minister, in the form and manner established by the Minister, if the individual, on behalf of a foreign principal, undertakes to
(a)communicate with a public office holder in respect of
(i)the development of any legislative proposal by the Government of Canada or by a member of the Senate or the House of Commons,
(ii)the introduction of any Bill or resolution in either House of Parliament or the passage, defeat or amendment of any Bill or resolution that is before either House of Parliament,
(iii)the making or amendment of any regulation as defined in subsection 2(1) of the Statutory Instruments Act,
(iv)the development or amendment of any policy or program of the Government of Canada,
(v)the awarding of any grant, contribution or other financial benefit by or on behalf of Her Majesty in right of Canada, or
(vi)the awarding of any contract by or on behalf of Her Majesty in right of Canada; or
(b)arrange a meeting between a public office holder and any other person.
Contents of return
(2)The return must set out the following information:
(a)the name and business address of the individual and, if applicable, the name and business address of the organization with which the individual is associated;
(b)the name and business address of the foreign principal on whose behalf the individual is acting and the name and business address of any person or organization that, to the knowledge of the individual, controls or directs the activities of the foreign principal and has a direct interest in the outcome of the individual’s activities on behalf of the foreign principal; and
(c)the nature and amount of payments received directly or indirectly by the individual to enter into an undertaking referred to in subsection (1) on behalf of a foreign principal, the form and date of each payment, their purpose, and the name of the payer.
Time limit for filing return
(3)The individual must file the return no later than 10 days after the day on which the individual enters into an undertaking referred to in subsection (1).

Offence and Punishment

Offence
7(1)Every individual commits an offence who fails to file a return as required under subsection 6(1), or knowingly makes any false or misleading statement in any return filed with the Minister under this Act.
Penalty
(2)Every individual who commits an offence under subsection (1) is liable,
(a)on conviction on indictment, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding two years, or to both; and
(b)on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both.

Amendment of Schedule

Order in council
8After taking into account reports from the National Security and Intelligence Committee of Parliamentarians or from the Canadian Security Intelligence Service, the Governor in Council may, by order, amend the schedule by adding, changing or deleting the name of a country.


SCHEDULE

(Sections 2 and 8)
Countries

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